“The entry of any noncitizen into the United States across the southern border is hereby suspended and limited,” said the president’s order.
It’s been reported for months that President Joe Biden would issue a drastic executive order to address illegal border crossings, significantly restricting access to the asylum process if unauthorized arrivals at the U.S.-Mexico border hit a certain number. That action finally arrived today.
« The entry of any noncitizen into the United States across the southern border is hereby suspended and limited, » said Biden’s order. When border encounters between ports of entry hit an average of 2,500 per day over a seven-day period, migrants will no longer be allowed to seek asylum unless they qualify for a narrow exception or request an appointment at a port of entry through an app (a process that has been glitchy and cumbersome). The restrictions will lift two weeks after the daily number of encounters between ports of entry falls below 1,500 on average over a seven-day period.
Biden is issuing the order under the Immigration and Nationality Act sections 212(f) and 215(a). Former President Donald Trump cited 212(f) authority in immigration actions, including his 2017 order banning the entry of people from several Muslim-majority countries. Trump’s uses of 212(f) were met with legal challenges, and the American Civil Liberties Union has already said it will sue the Biden administration over today’s order.
« These actions are not permanent, » noted a White House press release. « They will be discontinued when the number of migrants who cross the border between ports of entry is low enough for America’s system to safely and effectively manage border operations. » The asylum restrictions go into effect tonight.
